Mrs R Adeyemo v Curious Children Day Nursery Ltd: 2305869/2023
JUDGMENT
UNDER Rule 69 The Claimant’s complaint of unfair dismissal is struck out.REASONS
[1]The Claimant complains of unfair dismissal and breach of contract (notice pay).[2]Section 108 of the Employment Rights Act 1996 (“ERA”) requires a claimant to have not less than two years’ service to make an unfair dismissal complaint.[3]The Claimant’s claim form stated that she had been employed from 23/01/2023 until 23/08/2023.[4]By a letter dated 17 April 2024 the Tribunal gave the Claimant an opportunity to make representations as to why the claim should not be struck out. The submissions outlined in the Claimant’s response did not indicate that one of the exceptions to the Rule under section 108 ERA applies.[5]Accordingly, the complaint of unfair dismissal is struck out.[6]The Claimant’s complaint of breach of contract (notice pay) continues.[7]This is a Corrected Judgment under Rule 69 where the Claimant’s name has been corrected from Mrs A Adeyemo to Mrs R Adeyemo. _____________________________ Case No: 2305869/2023 Employment Judge Burge 11 July 2024 Case No: 2305869/2023 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Mrs. R. Adeyemo Respondent: Curious Children Day Nursery Ltd. Hearing: Final Hearing Heard at: London South ET (via video/CVP) On: 17 June 2024 Before: Employment Judge Tinnion For Claimant: In person For Respondent: Mr. C. Oguntoye, Director of Respondent[1]The Respondent’s name is changed to Curious Children Day Nursery Ltd.[2]The Claimant’s breach of contract claim for outstanding notice pay is well founded.[3]The Respondent shall pay the Claimant the sum of £1,598.72. NOTE[1]Judgments are published online after a copy has been sent to the claimant(s) and respondent(s) in a case.[2]Reasons for the decisions above having been given orally at the hearing, written reasons will not be provided unless a request is made by either party at the hearing or within 14 days of the sending of the written record of the decision. If no such request is received, the Tribunal will provide written reasons for the decisions only if requested to do so by the Employment Appeal Tribunal or a court. Signed (electronically): EJ Tinnion Date: 17 June 2024